SUKHBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India seeks issuance of a writ in the nature of habeas corpus directing the respondent Nos. 3 to 5 to produce the detenus namely Ripudaman Singh son of Tarlok Singh and Binder Singh son of Moti Singh, both residents of village Bahadurpur, District Sangrur before this Court.

(2.) IT is stated that one Jarnail Singh son of Gurcharan Singh, resident of village Bahadurpur, District Sangrur was murdered some time in the month of November, 2000 by some unknown persons. In this connection, Ripudaman Singh son of Tarlok Singh (real brother-in-law of the petitioner), Binder Singh son of Moti Singh servant of Ripudaman Singh and one Ranjit Singh son of Tarlok Singh were picked up by respondent No. 4 on 20.11.2000 in connection with the murder. All the three were interrogated and released on 26.11.2000. These persons remained in illegal custody of respondent Nos. 3 to 5 from 20.11.2000 till 26.11.2000. Thereafter, again on 1.12.2000, Ripudaman Singh and Binder Singh were again taken by the Police personnel led by SHO Incharge, CIA staff Ladha Kothi Sangrur. He was accompanied by respondent Nos. 4 and 5 namely SHO Police Station Sadar Sangrur. The petitioner, therefore, visited the CIA staff on a couple of occasions to enquire about the welfare of the detenus. Petitioner apprehends that the alleged detenus may be implicated in some false case or may be tortured by respondent Nos. 3 to 5 by using third degree method. It is also alleged that respondent Nos. 3 and 4 demanded a ransom of Rs. 50,000/- for the release of the detenus. Consequently, the present habeas corpus petition.

(3.) REPORT of the Warrant Officer was submitted on 9.12.2000. In this report, it is stated that he reached the CIA staff at 8.20 a.m. on 7.12.2000. The Constable Surinder Singh (No. 1483) was on sentry duty. On entering the premises CIA staff building, Ripudaman Singh was found present in courtyard. He was cleaning a wooden table with a piece of cloth. The detenu was identified by the petitioner. Binder Singh, the other detenu was not found in the CIA staff premises. The Warrant Officer perused the entries for the period of detention in the roznamcha but no case was found to be registered against the detenu. The explanation given by Atma Singh SI was that Ripudaman Singh was in the detention of Police Station Sadar Sangrur and has been left by ASI Joginder Singh at the CIA staff at about 8.00 p.m. on 6.12.2000 as the building of the Police Station Sadar Sangrur was unsafe. The Warrant Officer put his signatures below the last entry in the roznamcha of dates 6.12.2000 and 7.12.2000. Thereafter, he proceeded to raid the Police Station Sadar Sangrur. He reached there at 10.05 a.m. He was met by Sukhminder Singh, SI, SHO of that Police Station. The roznamcha was made available to the Warrant Officer. It is further stated that the building of Police Station City Sangrur was adjacent to the Police Station Sadar Sangrur having common entrance. SHO Police Station City Sangrur, Sub Inspector Harinder Singh was present there. The roznamcha of Police Station City Sangrur was also produced before the Warrant Officer. However, the detenu Binder Singh was not found. Warrant Officer was informed by both the SHOs that Binder Singh was never arrested by them nor he was required by them in connection with any case at those Police Stations. With regard to Ripudaman Singh, S.H.O. P.S. Sadar informed the Warrant officer that a written complaint dated 4.12.2000 has been received against him from one Sukhdev Singh son of Gurcharan Singh resident of village Bahadurpur. This complaint has been entered in SHO complaint register at serial No. 300 and was marked by him to ASI Joginder Singh for investigation and necessary action. On the report of A.S.I. Joginder Singh ASI, a case under Sections 107/151 Cr.P.C. was registered against him. He was arrested on 6.12.2000 at about 5.05 p.m. The entry regarding his arrest was made in the DDR per entry No. 25 dated 6.12.2000. Photocopies of the complaint dated 4.12.2000 were also placed before the Warrant Officer. In paragraph 7 of the report of the Warrant Officer, it is stated that Ripudaman Singh was kept in CIA staff building as the entire building of the Police Station was declared unsafe.